Trump v. Slaughter

Justia · Docket · oyez.org

Argued on Dec 8, 2025.

Petitioner: Donald J. Trump, President of the United States, et al.
Respondent: Rebecca Kelly Slaughter, et al.

Advocates:

D. John Sauer (for the Petitioners)
Amit Agarwal (for the Respondents)

Facts of the case (from oyez.org)

Rebecca Kelly Slaughter was serving as a Commissioner on the Federal Trade Commission (FTC), an agency led by five commissioners appointed by the President and confirmed by the Senate to seven-year terms. The Federal Trade Commission Act limits the President’s ability to remove an FTC Commissioner to “inefficiency, neglect of duty, or malfeasance in office.” President Donald J. Trump fired Commissioner Slaughter, explaining her continued service was “inconsistent with [the] Administration’s priorities,” which did not meet the statutory standard of “cause.” Slaughter sued President Trump and the three remaining FTC Commissioners, arguing her removal was unlawful because the President failed to offer a statutory cause.

The district court ruled in favor of Commissioner Slaughter, declaring her removal unlawful, ordering her reinstatement, and issuing a permanent injunction against the remaining Commissioners and their subordinates, barring them from interfering with her duties. The government appealed the decision and requested a stay of the district court's order pending the appeal. The U.S. Court of Appeals for the D.C. Circuit denied the government’s motion for a stay pending appeal and dissolved an administrative stay that had been previously entered. The Supreme Court granted the stay on September 22, 2025, and also granted certiorari.

Question

Do the statutory removal protections for members of the Federal Trade Commission violate the separation of powers?

2080: Blow The Coronavirus Away